Memphis Tennessee

Germantown Tennessee

Germantown Tennessee

Code of Ordinances City of Germantown, Tennessee

Chapter 5 ANIMALS*

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*Cross references: Environment, ch. 9; riding animals or driving animal drawn vehicles, § 20-7; agricultural district (AG), § 23-126 et seq.

State law references: Animals and animal husbandry, T.C.A. § 44-2-401 et seq.; rabies, T.C.A. § 68-8-101 et seq.

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Article I. In General

Sec. 5-1. Definitions.

Sec. 5-2. Licensing.

Sec. 5-3. Restraint.

Sec. 5-4. Impoundment, notice of violation and emergency care.

Sec. 5-5. Animal care.

Sec. 5-6. Keeping of wild animals.

Sec. 5-7. Performing animal exhibitions.

Sec. 5-8. Animal waste.

Sec. 5-9. Sterilization.

Sec. 5-10. Enforcement.

Sec. 5-11. Use of firearms.

Sec. 5-12. Issuance of subpoenas or citations.

Sec. 5-13. Rabies.

Sec. 5-14. Animal control officer.

Sec. 5-15. Dangerous dogs/Dog bites.

Secs. 5-16--5-35. Reserved.

Article II. Animal Control Commission

Sec. 5-36. Establishment and purpose.

Sec. 5-37. Membership.

Sec. 5-38. Terms of members.

Sec. 5-39. Meetings.

Sec. 5-40. Responsibilities.

Sec. 5-41. Reports.

ARTICLE I. IN GENERAL

Sec. 5-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:

Animal means any live, vertebrate creature, domestic or wild.

Animal, domestic means any dog, cat, horse, cow, sheep, goat, pig or domestic fowl.

Animal shelter means any facility operated by a humane society or the city, or the authorized agents thereof, for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

Animal, wild means any raccoon, skunk, fox, leopard, panther, tiger, lion, lynx or other similar warm-blooded animal, or poisonous snake or lizard, normally found in the wild.

Auction means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This term does not apply to isolated sales of individual animals by owners.

Circus means a commercial variety show featuring animal acts for public entertainment.

Commercial animal establishment means any pet shop, grooming shop, auction, zoological park, circus, performing animal exhibition or kennel.

Dangerous dog means any dog which attacks or bites a person or a domestic animal on any public or private property without provocation. (Comment: A dog would not be dangerous if it had not bitten or attacked. Some laws allow two or three bites, with the proposed provision there is a penalty with one bite. The owner must comply with restrictions on where the dog is kept.) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting is illegal. (Comment: This part of the definition complies with and emphasizes T.C.A. § 39-3-105.)

State law references: T.C.A. § 44-17-120(b).

Grooming shop means a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.

Humane officer means any person designated by the state, the city or a humane society as a law enforcement officer in accordance with state law.

Kennel means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or a place where four or more cats or dogs, or any combination of four such animals, are kept, whether by the owners of the animals or by other persons, with or without compensation.

Owner means any person owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more. If the owner of an animal is a minor, the parent or guardian of such minor shall be considered the owner.

Performing animal exhibition means any spectacle, display, act or event, other than circuses, in which performing animals are used.

Pet means any animal kept for pleasure rather than utility.

Pet shop means any person, partnership or corporation, whether operated separately or in connection with any other business enterprise except for a licensed kennel, that buys, sells or boards any species of animal.

Physical restraint means muzzled and on a heavy chain leash not to exceed three feet and controlled by an adult physically capable of controlling such dog. The muzzle must not cause injury to the dog but must prevent it from biting any person or animal.

Potentially dangerous dog means any dog which chases or approaches a person or an animal on any public or private property in a menacing fashion or apparent attitude of attack. (Comment: Such dog would not necessarily be at large; it could be in its own fenced yard or could be on a leash. If it is declared potentially vicious, there would be restrictions on where it is kept.)

State law references: T.C.A. § 44-17-120(b).

Public nuisance means any animal which:

(1)     Molests passersby or passing vehicles;

(2)     Attacks other animals;

(3)     Trespasses on school grounds or private property;

(4)     Is repeatedly at large;

(5)     Damages private or public property;

(6)     Barks, whines, howls or makes any noise natural to its species in an excessive, continuous or untimely fashion so as to disturb the peace;

(7)     Creates excessive offensive odor.

Restraint means any leash, lead or other physical restraint.

Riding school or stable means any place which has available for hire, boarding or riding instruction any horse, pony, donkey, mule or burro.

Secure enclosure means a secure enclosure shall be a minimum of five feet wide, ten feet long and five feet in height above grade, and with a horizontal top covering such area, all to be at least nine gauge chainlink fencing with necessary steel supporting posts. To prevent escape of the animal, the floor shall be at least three inches of poured concrete with the bottom edge of such fencing embedded in the concrete or extending at least one foot below grade. The gate must be of the same material as the fencing, fit closely and be securely locked. The enclosure must contain and provide protection from the elements for the dog. (See the building department for a permit.)

Serious bodily injury means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member or organ.

Veterinary hospital or clinic means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases or injuries of animals.

Vicious animal means any animal that constitutes a threat to human beings or animals.

Zoological park means any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomestic animals operated by any person, partnership or corporation, or any governmental agency.

(Code 1986, § 5-1; Ord. No. 2000-6, 5-22-01)

Cross references: Definitions generally, § 1-2.

State law references: Similar provisions, T.C.A. §§ 39-3-105, 39-2-101.

Sec. 5-2. Licensing.

(a)     Any person owning, keeping, harboring or having custody of any dog over three months of age or cat over six months of age within the city, but not operating a kennel or animal shelter, must obtain a license as provided in this section.

(b)     A license shall be issued only after application in writing which shall include the name, address and telephone number of the applicant, a description of the dog or cat, certification as to the dog's or cat's breeding capability, proof of vaccination against rabies issued by a licensed veterinarian, and date of revaccination, and only after payment of a fee as specified in this section.

(c)     Application for a license shall be made within 30 days after a dog attains the age of two months of age or a cat attains the age of five months of age, or within 30 days after the first day a dog over three months of age or a cat over six months of age is owned, kept or harbored within the city.

(d)     Unless revoked, a license shall be valid for one year from the date of issue.

(e)     License fees, which shall not be refundable, shall be established by the board of mayor and aldermen where lawful.

(f)     Upon proper application and payment of the applicable fee, the city shall issue a suitable license tag bearing an identifying number which shall be recorded in a public record.

(g)     License tags shall be affixed to the collar or harness and worn by the dog or cat when off the premises of the owner.

(h)     Duplicate license tags may be obtained upon payment of a fee as established by the board of mayor and aldermen.

(i)     No person shall place a license tag on any dog or cat other than the dog or cat for which the tag was issued.

(j)     Guide dogs in compliance with T.C.A. § 62-7-112 and police dogs of the police department shall be exempt from complying with this section.

(k)     In the event of an emergency, as determined by the mayor, cats may be subject to the leash law.

(Code 1986, § 5-2)

Sec. 5-3. Restraint.

(a)     No dog shall be allowed to run at large within the city. Each dog not confined behind a fence shall be placed on a leash and controlled by a person physically capable of controlling such dog.

(b)     No owner shall fail to exercise proper care and control of his animals to prevent them becoming a public nuisance.

(c)     Every female dog in heat shall be confined in a building or enclosure in such a manner that such female dog cannot come in contact with a male dog except for planned breeding.

(d)     It shall be unlawful for any owner to keep, harbor or maintain on or off his premises any dangerous or potentially dangerous dog, unless such dog is within the owner's house, in a secure enclosure or physical restraint, or unless such dog is under the control of a law enforcement officer on or about his official duties. Any dog found in violation of this section shall be immediately impounded. A summons shall be issued to the owner of the dog.

(e)     It shall be unlawful for any person owning, keeping, harboring or possessing any cats, rabbits, horses, goats, hogs, sheep, cattle or other animals, chickens, ducks, geese or any other birds or poultry, to permit or allow such animals to go at large any time within the limits of the city, to the damage or annoyance of any of the residents of the city.

(f)     In the event of an emergency situation, as determined by the Mayor, cats shall not be allowed to roam at large within the city.

(Code 1986, § 5-5; Ord. No. 2000-6, 5-22-00)

State law references: Animals running at large, T.C.A. § 44-8-101 et seq.

Sec. 5-4. Impoundment, notice of violation and emergency care.

(a)     Unrestrained dogs and nuisance animals shall be taken by the police, the animal control officer or humane officers, or deputy animal control officers and impounded in a humane manner.

(b)     Unclaimed impounded dogs or nuisance animals shall be kept for not less than three working days, after which if not reclaimed, adopted or released for adoption, the impounded dogs or nuisance animals may be humanely euthanized. The city shall not be liable for any disposition of such animal in accordance with this chapter. If not reclaimed, adopted or released for adoption after a reasonable length of time, as determined by the animal control commission, the dogs or nuisance animals shall be humanely euthanized.

(c)     If by a license tag or other means the owner of an impounded animal can be identified, the city, immediately upon impoundment, or as soon as practical thereafter, shall attempt to notify the owner by telephone or certified mail.

(d)     An owner claiming an impoundment animal shall pay reasonable fees and expenses as the city may, from time to time, adopt or approve by appropriate administrative ordinance or resolution. It is the intent that all costs, including medical care, for care of an impounded animal are to be the responsibility of the owner of the animal.

(e)     Minimal emergency medical care may be given to any sick or injured animal found at large within the city. Such animal may be taken to any veterinarian for minimal emergency care or euthanasia, in which case the veterinarian shall notify the animal control commission or animal control officer immediately. If the owner of such animal can be identified, the animal control officer shall attempt to notify the owner immediately or as soon as practical thereafter. In any case, such owner shall be liable for any expense incurred with respect to such animal. If the owner of such animal cannot be identified within 24 hours, the animal shall become the property of the city. If, during the initial 24-hour period, it is recommended, in writing, by a veterinarian that the animal is in such pain and has no reasonable hope of recovery, the animal may be humanely euthanized as authorized, in writing, by a designated agent of the city. The reasonable and necessary expense of emergency medical care or euthanasia, with respect to such animal, as expressly authorized by the city, shall be paid by the city. The city shall not be liable for any expense with respect to such animal at any time unless expressly authorized by the city. If after minimal emergency care such animal can be safely impounded, the animal control officer may impound such animal, subject to disposition in accordance with this chapter.

(Code 1986, § 5-6)

Sec. 5-5. Animal care.

(a)     Every owner shall provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and provide humane care and treatment.

(b)     No person shall beat, cruelly ill treat, torment, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dogfight, cockfight or bullfight, or any other combat between animals or between animals and humans.

(c)     No owner of an animal shall abandon such animal.

(d)     Chickens or ducklings younger than eight weeks of age shall not be sold by any person in quantities of less than 25.

(e)     No person shall give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter, any contest, game or other competition, or as an inducement to enter any place of amusement; or offer any vertebrate as an incentive to enter into any business agreement wherein the offer was for the purpose of attracting trade.

(f)     No person shall expose any known poisonous substance, whether mixed with food or not, so that the poisonous substance shall be liable to be eaten by an animal, provided that it shall not be unlawful for a person to expose on his own property common rat poison mixed only with vegetable substances.

(g)     The animal control officer, a deputy animal control officer or any humane officer or police officer may initiate before a city judge a search warrant for any premises upon a showing of probable cause to believe that a violation of any provision of this section is occurring or has occurred within a reasonable time thereon; and take charge of and impound the animals or fowl involved in such violations. The matter of disposition of any such animal shall be determined by a city judge.

(Code 1986, § 5-7)

State law references: Cruelty to animals, T.C.A. § 39-3-104.

Sec. 5-6. Keeping of wild animals.

(a)     No person shall keep or permit to be kept on his premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing wild animal exhibitions or circuses.

(b)     No person shall keep or permit to be kept on his premises any wild animal as a pet.

(c)     The animal control commission may issue a temporary permit for the keeping of any wild animal native to this area which has been deemed to be homeless and incapable of survival in the wild.

(d)     The animal control commission shall have the power to release or order the release of any wild animal kept under temporary permit which is deemed capable of survival in the wild.

(Code 1986, § 5-8)

Sec. 5-7. Performing animal exhibitions.

(a)     No performing animal exhibition or circus, or agents or employees thereof, or individual owner of a performing animal, shall induce or encourage any animal to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause or will be likely to cause physical injury or suffering.

(b)     All equipment used on a performing animal shall fit properly and be in good working condition.

(Code 1986, § 5-9)

Sec. 5-8. Animal waste.

The owner of any animal shall remove any excreta deposited by his animal on public walks, recreation areas, public streets or private property other than the premises of the owner of the animal, except where attendants are employed for the purpose of removing the deposits, such as would be the case in a horse show arena, at a riding stable or other such event or establishment.

(Code 1986, § 5-10)

Sec. 5-9. Sterilization.

No unclaimed dog or cat shall be released for adoption from an impoundment without being sterilized or without a written agreement from the person adopting the dog or cat guaranteeing that such animal will be sterilized at the earliest possible time as determined by a licensed veterinarian. The city will collect at the time of adoption the applicable fees to cover the cost of sterilization and rabies vaccination. In addition, if the animal is to be domiciled within the city, the appropriate dog license fee will be collected.

(Code 1986, § 5-11)

Sec. 5-10. Enforcement.

(a)     The animal control officer and his deputies shall enforce the provisions of this chapter. It shall be a violation of this chapter to interfere with any such person in the performance of his duties, or to take any animal from that person without designated authority.

(b)     All violations of the provisions of this chapter shall constitute a misdemeanor, punishable as other misdemeanors within the corporate limits of the city and only for the purpose of this chapter and its enforcement, the animal control officer shall have the powers and privileges of a police officer of the city.

(Code 1986, § 5-12; Ord. No. 2000-6, 5-22-00)

Sec. 5-11. Use of firearms.

The animal control officer and deputies under his jurisdiction are prohibited from carrying or using firearms in connection with their responsibilities relating to animal control. The animal control officer is hereby authorized to request the assistance of a police officer, and the police officer is hereby authorized to employ the use of firearms in the apprehension of any animal that, in his opinion, constitutes a threat to human beings or animals.

(Code 1986, § 5-13)

Sec. 5-12. Issuance of subpoenas or citations.

The animal control officer or any duly appointed deputy under his jurisdiction is hereby authorized to issue a subpoena or citation to any individual who, in his opinion, is in violation of the terms and conditions of this chapter.

(Code 1986, § 5-14)

Sec. 5-13. Rabies.

(a)     All dogs three months of age or older or cats six months of age or older shall be immunized against rabies by a licensed veterinarian. The owner must have in his possession a current vaccination certificate subject to the inspection of the animal control officer, or designated agent of the city.

(b)     If any dog or cat has bitten any person or is suspected of having bitten any person, or is for any reason suspected of being infected with rabies, the animal control officer may cause such dog or cat to be confined or isolated for such period of time as deemed necessary. Confinement of the animal may be accomplished at the animal shelter, or at a private veterinary hospital, and any charges incurred shall be the responsibility of the owner.

(Code 1986, 5-15)

Sec. 5-14. Animal control officer.

The city shall designate an animal control officer and deputy animal control officers whose primary responsibilities shall include the enforcement and implementation of this chapter and regulations promulgated thereunder. The animal control officer shall coordinate and administer the activities involving the animal control program in accordance with the goals, policies and procedures established by the animal control commission, and shall be under the direction and supervision of the city administration.

(Code 1986, § 5-16)

Cross references: Officers and employees, § 2-41 et seq.

Sec. 5-15. Dangerous dogs/Dog bites.

(a)     The determination of whether a dog is declared dangerous or potentially dangerous will be made by the municipal court. No dog shall be declared dangerous or potentially dangerous if the threat, injury, or damage caused by such dog was sustained by a person who was committing a crime, or was provoked by a person cruelly abusing or tormenting the dog.

(b)     Any dog, whether or not previously declared dangerous or potentially dangerous, that attacks a person and thereby causes death or serious bodily injury, or bites and breaks the skin of a person will be impounded and quarantined the proper length of time for rabies observation and testing, if necessary. A summons shall be issued to the owner of such dog allowing him five days from receipt to respond and show cause why the municipal court judge should not impose fines, require additional security measures be taken as the circumstances dictate, or order the dog destroyed pursuant to T.C.A. 44-17-120(b). This subsection shall not apply if the municipal court judge determines that the injury caused by such dog was sustained by a person who was committing a crime, or was provoked by a person cruelly abusing or tormenting the dog.

(Code 1986, § 5-17; Ord. No. 2000-6, 5-22-00)

Secs. 5-16--5-35. Reserved.

ARTICLE II. ANIMAL CONTROL COMMISSION*

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*Cross references: Boards and commissions, § 2-126 et seq.

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Sec. 5-36. Establishment and purpose.

An animal control commission is hereby established to assist in administering a program of uniform animal control within the corporate limits of the city.

(Code 1986, § 5-31)

Sec. 5-37. Membership.

The animal control commission shall be composed of five members, who shall be residents of the city as follows: a veterinarian, a member of a chartered humane society, three citizens and a member of city staff serving as an ex officio member, all appointed by the board of mayor and aldermen. The mayor shall designate one member to be the chair. The commission shall meet, organize and select a vice-chair and a secretary.

(Code 1986, § 5-32)

Sec. 5-38. Terms of members.

Terms of appointed members of the animal control commission shall be for one year and shall expire on December 31 of each year, or at such time as replacement members are appointed. Any member of the commission may be removed at any time without cause upon a majority vote of the board of mayor and aldermen. If a vacancy occurs, the mayor shall appoint a replacement to fill the unexpired term.

(Code 1986, § 5-33)

Sec. 5-39. Meetings.

The animal control commission shall designate the time and place of its meetings and shall adopt rules governing the transaction of business. A majority of the members shall constitute a quorum, and a quorum shall be required to conduct any business. The secretary of the commission shall keep minutes of the proceedings.

(Code 1986, § 5-34)

Sec. 5-40. Responsibilities.

The animal control commission shall have the following duties:

(1)     Promulgate rules and policies subject to the approval of the board of mayor and aldermen which are necessary to carry out the duties assigned to the commission by the board of mayor and aldermen;

(2)     Assist and advise in overseeing of the operation and maintenance of any animal control facility of the city and any equipment related thereto;

(3)     In those instances where the commission considers it appropriate, and pursuant to rules established by the commission, [the commission may] mediate disputes between and among residents of the city involving issues relating to the ownership or control of animals and their behavior. Such mediation will not be binding on the parties; however, if the mediation is unsuccessful in resolving the dispute, the matter may be referred by the commission to the office of the city prosecutor for issuance of a summons to the parties. The matter would then be resolved in the municipal court.

(4)     Exercise powers and duties specified in this chapter.

(Code 1986, § 5-35; Ord. No. 2000-6, 5-22-00)

Sec. 5-41. Reports.

The animal control commission shall prepare such reports as may be required by the board of mayor and aldermen from time to time. The commission shall assist the animal control officer and the city administration in preparing the annual budget, grant applications, and such other submittals as may be needed to ensure the proper operation of the animal control program.

(Code 1986, § 5-36)

Cross references: Administration, ch. 2; boards and commissions generally, § 2-126 et seq.

Memphis Tennessee

Code of Ordinances City of Memphis Tennessee

Chapter 5 ANIMALS AND FOWL*

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*Charter references: Authority of city council to regulate animals and fowl within the city, § 854.

Cross references: Powers and duties of city beautiful commission to protect song birds and wild fowl, § 2-147; restrictions on dogs and other animals at airport, § 3-27; health and sanitation, Ch. 16; rat control, § 16-361; storage of chicken and animal feed, § 16-362; citations for animal control violations, § 16-500 et seq.; riding or driving animals or animal-drawn vehicles upon roadways, § 21-10; noisy animals and fowl, § 22-7; animals prohibited at large in city parks, § 23-73; fishing or interfering with birds, etc., prohibited in city parks, § 23-74; riding animals in parks, § 23-80 et seq.

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Art. I. In General, §§ 5-1--5-25

Art. II. Animal Shelter, §§ 5-26--5-55

Div. 1. Generally, §§ 5-26--5-40

Div. 2. Board, §§ 5-41--5-55

Art. III. Dogs and Cats, §§ 5-56--5-63

Art. III.5. Dangerous/Vicious Animal, §§ 5-64--6-75

Art. IV. Enforcement, §§ 5-76--5-82

ARTICLE I. IN GENERAL

Sec. 5-1. Definitions.

As used in this chapter, the following terms shall have the meanings ascribed to them herein, except when the context requires otherwise:

Animal: A species of life different from man or plants and possessing secondary capabilities.

Animal control officer: Any person assisting the bureau manager authorized to impound animals, issue city court and general sessions citations, and otherwise exercise special police powers to enforce city codes and related state statutes.

Animal shelter manager: Person in charge of the city animal shelter, as designated by the director of public service, and hereafter referred to as manager.

Cage trap: A container equipped with a trap door which, when tripped, locks an animal or fowl within the structure unharmed.

Citation: A written order issued by an animal control officer or other law enforcement officer.

City court clerk: The person elected to head the city court clerk's office, a division of the city court system designated to file and process animal ordinance violation citations and summonses.

Dangerous animal: An animal that: (1) has been trained to attack upon command in an effort to protect persons or property; (2) has been offered for sale or hire as a guard animal; (3) has been certified dangerous by a local animal control agency; (4) has inflicted injury on a human being or domestic animal without provocation; or (5) which is "at-large" and "running in packs," due to the tendency to develop dangerous or vicious habits, constitutes a public nuisance and potential danger to the public health.

Division director: Person appointed by the mayor as division director over the animal shelter bureau.

Employee: Any person employed by the city under the management of the city animal shelter.

Fertile/unaltered animal: An animal which is capable of producing offspring.

Fowl: Any domesticated or undomesticated chicks, ducks, geese, turkeys, or other such birds as may be so designated by the manager of the city animal shelter.

Health officer: A person employed by the city and county health department who, among other duties, shall have the authority to issue permits.

Livestock: Animals kept or raised for use, pleasure or profits, such as cattle, cows, swine, sheep, horses, mules, goats or any animal designated as such by the manager of the Memphis Animal Shelter.

Owner: Any person, partnership or corporation owning an animal; or any person who feeds, shelters or harbors an animal or permits it to remain on the person's property.

Provocation, in regard to a vicious dog: Shall include trespass on property, teasing and release of said dog from its restraint, an attempt to injure said dog or said dog's owner or the individual in possession thereof or other such actions. Entry-on property by persons with actual or implied permission of the owner or occupant, including a postal service employee or other authorized government or service employee, shall not in and of itself be characterized as provocation. The burden of proof as to provocation shall be with the owner of the dog.

Public service director: Person appointed by the mayor of the city to be the director of public service.

Steel leg-trap: A contraption which, when engaged, locks an animal or fowl in place by applying pressure against any part of its body.

Sterile/altered animal: An animal which has been surgically rendered incapable of producing offspring.

Summons: An order issued by a court of law.

Trap: A device designed to capture animals, livestock or fowl as herein defined.

Vicious animal: Any dog which, without provocation, has attacked and bitten any person(s) or which has been trained for or participated in dog fights, pursuant to Tennessee Code Annotated, Section 39-3-105. Any dog which attacks and bites a person while the dog is running at large or which has scars associated with dog lights, pursuant to Tennessee Code Annotated, Section 39-3-105, shall be presumed to be a vicious dog.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-1; Ord. No. 3528, § 1(1), 3-25-86; Ord. No. 3973, § 1(1), 6-26-9; Ord. No. 4506, § 1, 9-16-97)0

Cross references: Rules of construction and definitions generally, § 1-2.

Sec. 5-2. General maintenance requirements for animals and fowl.

No animal or fowl shall be kept or confined where the water, shelter, ventilation and food are not sufficient and wholesome for the preservation of its health and safe condition. No animal or fowl shall be kept in such place or condition as to become a nuisance either because of odor or contagion of disease.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-20)

Sec. 5-3. Running at large of livestock and fowl prohibited.

It shall be unlawful for any person in charge of any animal, including, but not limited to cattle, swine, sheep, horses, mules, goats or any offensive animal, or any chickens, ducks, geese, turkeys or other fowl, to permit it to run at large upon any street, alley or unenclosed lot within the city.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-21)

Sec. 5-4. Impoundment, redemption, disposition.

(a)     Livestock and other animals other than fowl. It shall be the duty of the manager in charge of the city animal shelter, or his agent, to cause any animal, other than fowl, running at large in violation of section 5-3 of this Code to be apprehended and placed into the animal shelter. If, within three (3) business days from the time such animal is impounded, the owner or person in charge of such animal calls for the same, such animal may be released upon payment of a fifty dollar ($50.00) redemption fee, per animal, a twenty-five dollar ($25.00) trailering fee, and ten dollars ($10.00) per day boarding fee, other than fowl. If no one comes forward to claim the above-incarcerated animals within the three (3) business-day period, such animals shall be considered abandoned property and will become the property of the city. The manager of the city animal shelter is directed to hold a public sale of all such animals not redeemed by the respective owners, notice of such sale to be published three (3) consecutive days in a city daily newspaper having a circulation greater than fifty thousand (50,000). Record of such sales containing a brief description of the animals sold, the price paid, the amount of fees accrued, and the name and address of the purchaser shall be kept on file for a period of six (6) months in the office of the manager of the city animal shelter. Proceeds from such sales of animals shall be paid over to the city treasurer. In the event that there are no bids, or the bids received are less than the accrued fees, costs and charges, as mentioned above, the manager in charge of the shelter may, at his discretion, bid at such sale, in the name of and on behalf of the city, the full amount or any part of such fees, charges and expenses, and in the event the city should become the purchaser at any such sale, such animal shall be held for disposition at the discretion of the animal shelter manager.

(b)     Fowl. It shall be the duty of the manager in charge of the animal shelter, or his agent, to cause fowl running at large in violation of section 5-3 of this Code to be apprehended and incarcerated in the city animal shelter.

(c)     If within three (3) business days from the day such fowl is incarcerated the owner or person in charge thereof calls for same, such fowl may be released upon the payment of five dollars ($5.00) for each fowl so impounded.

(d)     Unless such fowl is redeemed, the manager may, at his discretion, sell such fowl, for the price of two dollars ($2.00) each, to persons on a first-come, first-serve basis.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, §§ 7-22, 7-23; Ord. No. 4247, § 1, 4-5-94)

Sec. 5-5. Destruction of abandoned or neglected animals.

The manager in charge of the city animal shelter, or his agent, may lawfully destroy immediately, or cause to be destroyed immediately, any animal found to be injured or diseased past recovery.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-24)

State law references: Similar provisions, T.C.A. § 39-3-113.

Sec. 5-6. Cruelty to animals.

It shall be unlawful for any person to overdraw, overload, torture, torment, deprive of necessary sustenance, cruelly beat, needlessly mutilate, kill or cause to procure same to be done, any animal, fowl or bird within the meaning of this chapter, or use, buy, sell or exchange any horse or mule when unfit for labor, or abandon any animal upon any public street, alley or any public property. Nothing herein shall prohibit the purchase of animals by laboratories or humane societies incorporated under the laws of the State of Tennessee.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-25)

State law references: Similar provisions, T.C.A. § 39-3-104.

Sec. 5-7. Trapping animals.

It shall be unlawful for any person to set or bait any steel leg-trap or other contrivance which would maim, mutilate or seriously injure any animal.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-26)

Sec. 5-8. Striking or hitting animal with moving vehicle.

It shall be unlawful for any person driving a vehicle to strike or hit any animal upon a public right-of-way or any public property without stopping and assisting the animal, or in the alternative notifying the Memphis Animal Shelter immediately.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-27)

Sec. 5-9. Killing birds--Prohibited generally.

The killing or attempting to kill any bird, other than domestic fowl, within the limits of the city, is prohibited, except as hereafter provided.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-28)

Sec. 5-10. Same--Removal of pigeons and birds from private, residential and commercial property.

(a)     For control purposes and to alleviate public distress, and to promote public health, owners of private residential property and public commercial property are hereby authorized to destroy or otherwise remove pigeons and/or birds located within the boundaries of their property, and to dispose of them in accordance with sanitation services procedures. In addition, such property owners may contract with pest control companies properly licensed and bonded by the state for the removal and disposition of pigeons or birds from their property. Such pest control companies shall dispose of such pigeons and/or birds in accordance with sanitation services procedures.

(b)     Whenever a homing pigeon bearing a ring or seamless legband with its registered number stamped thereon, or any protected wild bird, is found among pigeons trapped under this section, the same shall immediately be released from custody.

(c)     This section shall not be construed to permit the use of firearms to destroy pigeons and birds, and such use is hereby expressly prohibited.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-29)

Sec. 5-11. Keeping of livestock within one thousand feet of residence or place of business.

No person shall keep any cattle, cows, sheep, horses, mules, swine or goats within one thousand (1,000) feet of any residence or place of business in the city without a permit to do so from the health officer. The health officer shall issue permits only when the keeping of such animals in the yard or buildings, and under the circumstances set forth in the application for the permit, shall not injuriously affect the public's health. This section shall not apply to slaughterhouses or city parks.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-30)

Sec. 5-12. Disposal of animals.

No person shall leave or throw into any stream or river, nor offensively expose or bury the body, or any part thereof, of any animal, nor shall the same be kept where it may be dangerous to the life or detrimental to the health of any person. The sanitation services division of the city shall be promptly notified of the existence of any such animal and where it is to be found so that it may be removed and disposed of in a sanitary manner.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-31)

Sec. 5-13. Unlawful to sell fowl as pets or novelties.

(a)     It shall be unlawful for any person, firm or corporation to display, sell, offer for sale, barter or give away chicks or ducklings as pets or novelties. It shall further be unlawful for any person, firm or corporation to dye, color or otherwise artificially treat any animal or fowl.

(b)     This section shall not be construed to prohibit the display or sale of natural chicks, ducklings or other fowl by those engaged in the business of selling the same to be raised for food purposes.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-32)

Sec. 5-14. Examination for rabies.

(a)     If any dog or cat has bitten any person so as to break the skin, or is suspected of being infected with rabies, it shall be the duty of the animal shelter to cause such animal to be apprehended and quarantined in the shelter, or veterinary clinic, securely penned and separated from other animals for such period as may be necessary to ascertain whether or not the animal is infected with rabies. Pet owners who are bitten by their own dog or cat may be allowed to quarantine their animal at a veterinary clinic or at home. The health officer will have final authority with regard to animal bite quarantines.

(b)     If, after sufficient quarantine, the animal is not infected, in the opinion of the county officer, or the designated staff of the animal shelter, it shall be returned to the owner, upon payment of appropriate impound, licensing, and rabies inoculation fees, and board fees for each day of quarantine. If not redeemed by the owner at the end of the quarantine period, the animal shall become the property of the animal shelter and will be humanely put to death as soon as practicable thereafter.

(c)     If, in the opinion of the health officer, or his agent, a lab diagnosis is justified, the animal may be euthanized, and proper examination made by the health officer. In determining the necessity of the microscopic examination, the action of the health officer shall be final.

(d)     Any animal desired for observation by the health department or the animal shelter under the provisions of this section shall be delivered to the police or city animal shelter personnel upon demand and shall not be withheld, hidden or harbored.

When any person refuses to deliver a dog desired for observation, the city court clerk shall issue to the police department a warrant for the arrest of such person, which warrant shall also provide for the surrender of the animal and shall be lawful authority for the apprehending and forcible taking of said animal.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, 17-43; Ord. No. 3973, § 1, 6-29-90; Ord. No. 4145, § 1, 11-17-92; Ord. No. 4247, § 2, 4-5-94; Ord. No. 4578, § 1, 5-5-98)

Secs. 5-15--5-25. Reserved.

ARTICLE II. ANIMAL SHELTER*

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*Cross references: Authority of city to provide for the operation of a pound, § 854.

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DIVISION 1. GENERALLY

Sec. 5-26. Establishment and supervision.

A Memphis Animal Shelter is hereby established. The operation and management of such shelter shall be under the supervision of the manager in charge of the city animal shelter.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-12)

Sec. 5-27. Business hours.

The city animal shelter shall post in a conspicuous and prominent location at the shelter the business hours as designated by the animal shelter board, subject to concurrence by the director of public service.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-13)

Sec. 5-28. Badges, uniforms and police power of shelter officers.

The animal shelter officers and assistants shall wear badges and uniforms designating them as shelter employees. Shelter officers shall have the necessary police powers for the enforcement of this chapter and the penal laws of the state regulating the keeping, care and impounding of animals.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-14)

Cross references: Official to designate special officers, § 5-76.

Sec. 5-29. Resisting, interfering with animal shelter employee.

It shall be unlawful for any person to resist or interfere with an animal shelter employee in the performance of his/her duties by acting in a violent and tumultuous manner toward any animal officer so that such officer is placed in danger of safety of his life, limb or health.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-44)

Secs. 5-30--5-40. Reserved.

DIVISION 2. BOARD

Sec. 5-41. Establishment and composition; appointment; terms and compensation of board members.

There is hereby created the animal shelter advisory board, consisting of seven (7) citizens of the city, who shall be appointed by the mayor, subject to approval of the city council, for a term of two (2) years or until their successors are appointed and qualified, and who shall serve without compensation, or oath. The manager in charge of the animal shelter and the health officer shall be ex-officio members of such board.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-6; Ord. No. 3207, § 1, 6-1-82)

Sec. 5-42. Designation of chairman and secretary.

The chairman and the secretary of the animal shelter board shall be designated by the mayor when making appointments to the board.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-7)

Sec. 5-43. Rules, regulations and meetings.

The animal shelter board shall have the power to make rules and regulations for the conduct of its business. Such board shall meet regularly as prescribed by its rules, and upon call of its chairman.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-8)

Sec. 5-44. General duties.

In addition to other duties prescribed by this chapter, the animal shelter board shall:

(1)     Assist the animal shelter staff in the investigation and prosecution, if necessary, of all complaints of cruelty or mistreatment of animals or fowl, and if necessary, take charge of and make proper disposition of the animals or fowl involved in such complaints, when so requested by the director of public service.

(2)     Advise the director of public service and the animal shelter manager in matters relating to the efficient and humane operation of the animal shelter.

(3)     Establish, subject to concurrence by the director of public service, the business hours of the animal shelter.

(4)     Recommend to the director of public service fee schedules for vaccinations of rabies, distemper and other necessary vaccinations administered at the animal shelter. In addition, the board shall recommend current charges for the dog and cat adoption program.

(5)     Serve as advocates for the humane treatment of animals and fowl, as set out in this chapter, while maintaining an awareness of the needs to protect and enhance the total environment of the city.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-9)

Secs. 5-46--5-55. Reserved.

ARTICLE III. DOGS AND CATS

Sec. 5-56. Evidence of ownership of animals.

If any dog is found on the premises of any person for a period of ten (10) days or more, it shall be prima facie evidence that such dog belongs to the occupant of such residence. Any person keeping or harboring a dog for ten (10) consecutive days shall, for the purpose of this article, be declared to be the owner thereof, and liable for violations of this chapter.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-36; Ord. No. 3973, § 1(2), 6-26-90)

Cross references: Rules of construction and definitions generally, § 1-2.

Sec. 5-57. Dog license tags required; fees; exceptions; cat rabies vaccination required.

(a)     Dogs, licensing and vaccination. It shall be unlawful for any person to own, have, harbor, keep or to cause or permit to be harbored, or kept in the city, any dog three (3) months of age or over, unless a current city license tag has been issued for such dog. Prior to the issuance of a city dog license tag, the animal must receive a vaccination for rabies or the owner of said animal must provide evidence that such animal has been so vaccinated and such vaccination is still current. In addition to the cost of the rabies vaccination, a city dog license tag shall be required for a twelve-month period, beginning during the month of purchase and expiring during the same month of the following year, and a license must thereafter be purchased annually on the same basis, in advance of such expiration date, for an applicable fee, as follows:

(1)     For each fertile dog . . . $15.00

(2)     For each sterile dog . . . 5.00

(b)     Such a city dog license tag may be purchased from the veterinarian at the time of vaccination or can be purchased from the city animal shelter, and/or agencies and offices designated by the director of public service.

(c)     If the license is purchased from a veterinary clinic, the veterinarian issuing the license may collect an agent's fee of one dollar ($1.00) for this service.

(d)     If the license is purchased from a nonveterinarian source, such as the shelter, the purchaser shall exhibit an affidavit from a licensed veterinarian, describing and identifying the animal and certifying its sterility, in order to pay the proper license fee.

Falsification of such affidavit shall be punishable in accordance with state law. No license is transferable.

(e)     The provisions of this section shall not apply to nonresidents traveling through the city or staying temporarily for a period of less than thirty (30) days.

Cats, vaccination.

(f)     It shall be unlawful for any person to own, have, harbor, keep or to cause or permit to be harbored, or kept in the city, any cat three (3) months of age or over, unless such person holds a current certificate of vaccination for each such animal.

(g)     The provisions of this section shall not apply to nonresidents traveling through the city or staying temporarily for a period of less than thirty (30) days.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-37; Ord. No. 3973, § 1(3), 6-2690; Ord. No. 4145, § 2, 11-17-92; Ord. No. 4819, § 1, 11-21-00)

Charter references: Authority of city to provide for registration and licensing of dogs, § 854.

Cross references: Taxes and licenses generally, Ch. 36.

Sec. 5-58. Kennel license fees.

(a)     Persons operating a commercial kennel, where dogs are owned, bred, boarded and/or held for sale, containing four (4) or more dogs, in which dogs are kept and maintained exclusively therein, shall not be required to pay the license fee prescribed in section 5-57, provided they can produce evidence that the dogs have been vaccinated for rabies and such vaccinations are still current, but may pay in lieu thereof an annual license fee, beginning during the month of purchase and expiring during the same month of the following year, and thereafter purchased annually on the same basis, in advance of such expiration date, as follows:

(1)     For each kennel with less than ten (10) dogs . . . $10.00

(2)     For each kennel with from ten (10) to twenty (20) dogs. . . . 20.00

(3)     For each kennel with over twenty (20) dogs . . . 30.00

(b)     Persons operating a commercial kennel must, at the time of purchasing their license, show approval from the city and county health department as to the location and number of dogs to be kept. In making application for such a license to the city's treasurer's office, the kennel owner or operator shall furnish an affidavit showing the number of dogs kept therein. No license is transferable.

(c)     A person owning four (4) or more dogs, in a noncommercial capacity, but who may have dogs registered with a recognized kennel club, and the owner holds such animals for show or breeding purposes may, in lieu of section 5-57, purchase for a twelve-month period, beginning during the month of purchase and expiring during the same month of the following year, a breeder's exemption certificate, which must thereafter he purchased annually on the same basis in advance of such expiration date from the city treasurer's office, for a fee of thirty dollars ($30.00), which shall constitute a city license fee for all dogs so held. No license is transferable.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-38)

Cross references: Taxes and licenses generally, Ch. 36.

Sec. 5-59. Duplicate dog licenses or tags.

In the event a dog tag or license is lost, stolen or unavoidably mutilated, damaged or destroyed, the manager in charge of the animal shelter may, in his discretion, and upon sworn application of the owner of the dog for which the license was purchased, setting forth the facts in connection therewith, and after investigation thereof, issue a duplicate license and tag upon payment of a fee of two dollars ($2.00).

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-39)

Sec. 5-60. Dogs running at large.

(a)     Generally. Dog owners or handlers shall, at all times, keep their animals on a leash or other suitable restraint or confined by a fence on their property or the private property of another, with the permission of the owner of that property, so as to prevent the animal from being at large, biting, or harassing any person engaged in a lawful act; interfering with the use of public property or with the use of another person's private property; or being in violation of any other section of this Code. No animal shall be allowed to run at large even on the property of the owner or handler of such animal, unless confined by a fence or other suitable restraint.

(b)     Walking dog on a leash. Any person walking a dog on public property including sidewalks, and the private property of others, must keep the dog on a leash and under physical control being able to restrain the movement of the dog with the leash at all times. The leash must be kept in good condition; of sufficient strength to prevent breaking under pressure; and of material generally resistant to chewing or gnawing by an animal. The length of a leash must be such so as to control the dog from harassing pedestrians or other animals at all times.

(c)     Methods of restraint.

(1)     Dog restrained by traditional fencing. Fencing must be in good condition, of recognized construction methods, and adequate in terms of size to the number of dogs contained in the fenced area to prevent the dogs from escaping. Entry or exit gates must be properly secured by a latching or locking mechanism. The height and condition of the fence must be such to prevent the dog from escaping. As a general rule, a fence should be at least two and one-half (2 1/2) times the height of the animal it is intended to restrain. The height of the dog is measured by the height of the dog's shoulder when the dog is standing on four (4) legs. However, should a dog be able to escape from a fence, either by climbing or digging, additional fencing height, kennels, or other restraint methods may be required in addition to fencing. Fencing must be maintained in continued good condition. Existing fencing regardless of height will be considered acceptable means of restraint unless and until a written complaint is filed with the Memphis Animal Shelter and verified as valid.

(2)     Dogs restrained by tie-outs or overhead cable runs. As an alternate to traditional fencing, dogs may be restrained with suitably sized tie-outs or overhead cable runs. These restraints must be sufficient in length but never less than six (6) feet, excluding length around collar, and non-rigid, to allow the animal freedom of motion, and to move about at will within a protected area on the property of the owner or handler without becoming tangled in obstacles. These types of restraints shall be located in the yard area so as to prevent the dog from traversing upon another person's property, public sidewalks or public property, and from charging and harassing persons and pedestrians utilizing these properties.

(3)     Dogs restrained by invisible fencing. As an alternative to traditional fencing, tie-outs or overhead cable runs, a dog may be restrained with invisible fencing provided the fencing is set up and maintained in the following manner:

a.     The owner or handler and dog receive training regarding the use and maintenance of said system.

b.     The owner or handler must post signs visible from the public sidewalks and public streets or driveways sufficient to alert the general public upon approaching the property upon which the fencing is located. Two (2) signs are required containing the following wording: "Dog is contained by electronic device," or similar wording; the name, address and telephone number of the company, any trademark and/or logo of either the company that installed the system or the company that maintains the system, and said signs shall be of minimum size of six (6) inches by eight (8) inches.

(d)     Protective purposes. No person shall use a dog as a weapon or to threaten or harass other persons or animals. Nothing herein shall prohibit or limit a person's right to possess a dog for protection to their person or property.

(e)     Exceptions.

(1)     Dogs employed as police, service, therapy and search and/or rescue dogs are exempt from the requirements of this section while used in their working capacity or while engaged in a training program with a recognized organization or government agency that regularly trains dogs for such use.

(2)     Dogs off-leash in areas designated for such use by departments of city government, or on grounds under their jurisdiction, and dogs engaged in conformation, competition or performance related events on public or private property.

(f)     Prima facia evidence. If a dog is found running at large by the Memphis Animal Shelter, the incident shall constitute prima facia evidence that current restraint methods are inadequate, and the owner shall be required to correct any conditions that permitted the dog to run-at-large, or provide such additional restraints as are necessary to secure and maintain the future restraint of the said dog.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-40; Ord. No. 4530, § 1, 8-4-98)

Charter references: Authority of city to regulate running at large of dogs, § 854.

Sec. 5-61. Impoundment, redemption of dogs.

(a)     Impoundment

(1)     First impoundment.

a.     Any dog, as defined in section 5-1, not wearing a current license tag required by this chapter or running at large in violation of this chapter shall be apprehended and incarcerated in the city animal shelter, and the owner notified, if known. Such dog shall be held for at least three (3) business days during which time the owner may redeem or repossess the same upon payment for, or presentation of, a current license therefor, and payment of eighty dollars ($80.00), plus seven dollars ($7.00) for each day of confinement to defray the cost of the capture of such animal and the protection of the public. If not reclaimed or redeemed by the owner within such time, the animal will become the property of the shelter and the animal may be designated for adoption, as provided for in section 5-62, of humanely put to death as soon as practicable thereafter.

b.     The first impoundment fee is reduced to forty dollars ($40.00) if the owner provides proof within thirty (30) days that said animal is altered or if the owner agrees and provides proof thereof within thirty (30) days that said unaltered animal has been sterilized.

(2)     Second impoundment.

a.     Should a dog belonging to the same owner be picked up for a second time within two (2) years of the date of the first offense, the owner may redeem and repossess the dog upon presentation of a current license thereof and payment of one hundred fifty dollars ($150.00), plus seven dollars ($7.00) for each day of confinement to defray the cost of the capture of such animal and the protection of the public.

b.     The second impoundment fee is reduced to one hundred ten dollars ($110.00) if the owner provides proof within thirty (30) days that said animal is altered or if the owner agrees and provides proof thereof within thirty (30) days that said unaltered animal has been sterilized.

(3)     Third impoundment.

a.     Should a dog belonging to the same owner be picked up for a third time within three (3) years of the date of the first offense, the manager of the animal shelter, or his agent, will serve a summons upon the owner of the animal. The owner shall also be liable for a penalty of not less than two hundred twenty-five dollars ($225.00) to defray the cost of capture of said animal and protection of the public, with a boarding fee of seven dollars ($7.00) per day being charged.

b.     The third impoundment fee is reduced to one hundred eighty-five dollars ($185.00) if the owner provides proof within thirty (30) days that said unaltered animal has been sterilized.

(b)     Sterilization at the animal shelter. When an owner is reclaiming an animal that is not spayed or neutered and the owner chooses to sterilize the animal pursuant to this section, the owner will be given the option of having the animal sterilized at the animal shelter by the staff veterinarian when such person is available.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-41; Ord. No. 3973, § 1(4), 6-26-90; Ord. No. 4247, § 3, 4-5-94; Ord. No. 4506, § 1, 9-16-97)

Sec. 5-62. Adoption of dogs and cats.

Once a dog or cat becomes the property of the city animal shelter either by gift, donation, abandonment or any other voluntary conveyance or as a result of pickup by the animal shelter or any other person or entity after the animal has been found running at large in violation of this chapter and as provided for in section 5-61, a dog or cat may be adopted in accordance with the terms of the adoption contract (supplied by the shelter) and upon payment of an adoption/sterilization fee, licensing fee and fees for any other service supplied but the city animal shelter in connection with such dog or cat. Each unaltered dog and/or cat will be sterilized by the shelter veterinarian or representative prior to leaving the shelter. If it is determined that a former owner of an animal is applying for adoption, such former owner may gain ownership or possession only by payment of redemption fees set forth in section 5-61.

(Ord. No. 3189, § 1, 3-982; Code 1967, § 7-42; Ord. No. 4506, § 1, 9-16-97)

Sec. 5-63. Defecation by dogs or cats.

(a)     It shall be unlawful for any owner of any dog or cat to fail to promptly remove and dispose of, in a sanitary manner, feces left by a dog or cat being handled by that person on property, public or private, other than the premises of the owner or handler of such dog or cat.

(b)     Persons owning pet dogs or service dogs, such as seeing eye dogs, who are legally blind or confined to a wheelchair and thereby physically incapable of disposing of feces left by their animal, are exempt from this law.

(c)     Enforcement of this section shall be in accordance with Article IV of this chapter.

(Ord. No. 4826, § 1, 11-21-00)

Editor's note: Prior to the reenactment of § 5-63 by Ord. No. 4826, Ord. No. 4145, § 3, adopted Nov. 17, 1992, repealed § 5-63, which pertained to distemper immunization. See the Code Comparative Table for further information.

ARTICLE III.5. DANGEROUS/VICIOUS ANIMAL*

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*Editor's note: Prior to the reenactment of Art. III.5 by Ord. No. 4954, a decision of the Circuit Court of Tennessee in the Thirteenth District at Memphis in the case of Responsible Animal Owners of Tennessee v. City of Memphis and Shelby County , which was decided Aug. 12, 1991, declared §§ 5-64--5-71 unconstitutional. Said sections pertaining to dangerous animals were deleted. See the Code Comparative Table.

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Sec. 5-64. Definitions.

For the purposes of this ARticle III.5, the following definitions shall apply:

Animal shall include any dog or animal of the canine family.

Competent person any person eighteen (18) years of age or older, who is able to comprehend and understand the nature of his/her responsibility, and has sufficient ability, mentally and physically, to handle any particular animal he/she may take charge of, or have in his/her control.

Dangerous/vicious animal means any dog, or animal of the canine family, that according to records of the appropriate authority has:

(1)     Aggressively bitten, attacked, or has otherwise inflicted injury on a human being on public or private property;

(2)     Severely injured or killed a human being;

(3)     Been used primarily, or in part, for the purpose of dog fighting or any other aggressive activity.

Dog shall mean any animal of the canine family.

Keeper any person, corporation, or other legal entity possessing or having custody or control of an animal.

Owner means (1) any person, partnership or corporation owning an animal; (2) any person in charge of maintaining an animal; or (3) any person who feeds, shelters or harbors an animal or permits it to remain on such person's property; or (4) if the animal is owned by a person under the age of eighteen (18) that person's parent or guardian.

Severe injury means any physical injury that results in broke bones, multiple punctures, or disfiguring lacerations, requiring sutures or cosmetic surgery.

Sporting kennels a facility which offers no services for profit, which maintains animals solely for the owners' sporting or hobby purposes, and which sells offspring and adult animals only on an occasional basis. "Occasional basis" means animal sales of a frequency of no greater than one (1) litter per fertile female per year.

Trained attack dog an animal trained by authorized and specialized personnel for specific purposes.

Unprovoked attack an attack in which an animal without provocation attacks or bites a human being who has been conducting himself peacefully and lawfully and has not teased, threatened or otherwise provoked the attacking animal.

(Ord. No. 4954, § 1, 8-6-02)

Sec. 5-65. Determination of dangerous/vicious dog or animal.

(a)     After an animal control officer has initially determined that a dog should be classified as dangerous/vicious and notification has been sent to the owner or other responsible party, unless a petition has been filed with the Shelby County District Attorney, pursuant to T.C.A. § 44-17-120, a mandatory ordinance summons shall be obtained by the animal control officer against the owner or other responsible party citing the code section violated, setting a date to appear in city court for a determination. Any decision of the court shall be final, subject to appeal to a higher court of competent jurisdiction. During the running of any appeal time, the animal shelter manager shall have authority to retain the animal for observation of rabies and safekeeping of the animal shelter. The owner is required to pay monthly, accumulated kennel boarding fees by the tenth of each month and other fees, if the animal remains at the animal shelter. Failure to pay such boarding fees will result in the animal's ownership being relinquished to the animal shelter. However, at the owner's request and expense, the animal may be kept at a licensed veterinary clinic upon written statement to the animal shelter manager that the animal will be boarded in a private, licensed veterinary clinic and the posting of a bond with said manager in the amount of two thousand dollars ($2,000.00), to insure compliance pending any and all court appearances.

(b)     Failure of an owner to respond to the ordinance summons shall result in the animal being automatically declared a dangerous/vicious animal.

(Ord. No. 4954, § 1, 8-6-02)

Sec. 5-66. Dog or animal declared dangerous/vicious.

(a)     Within thirty (30) days after an animal has been classified as dangerous/vicious, the owner of the animal must obtain a certificate of registration and a tag for the animal from the animal control authority, and the certificate shall be renewed annually, the animal control manager, or his designee, is authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least eighteen (18) years of age and who present to the animal control manager, or his designee, sufficient evidence of:

(1)     A current certificate of rabies vaccination for the animal; and

(2)     A proper enclosure to confine a dangerous/vicious animal and the posting of the premises with a clearly visible warning sign at all entry points which informs both children and adults of a dangerous/vicious animal on the property or premises which reads:

"Warning Dangerous/Vicious Dog

(or Animal) on Premises"

(3)     Permanent identification of the animal such as a tattoo on the inside thigh or electronic implantation; and

(4)     The owner must purchase a "dangerous/vicious dog" tag from the animal control manager which must be worn by the animal at all times.

(5)     The owner of said dangerous/vicious animal must provide proof to the animal control authority that public liability insurance or a bond of at least fifty thousand dollars ($50,000.00) is in effect insuring the owner of the animal for any damages, whether arising from personal injury or otherwise, which may be caused by the dangerous/vicious animal. In the event said liability insurance or bond is cancelled, lapses, or for any other reason becomes unenforceable, said owner shall be in violation of the provisions of this article and chapter; and

(6)     The animal fee for the issuance of certificates of registration and dangerous/vicious dog (animal) tag shall be imposed in the amount of fifty dollars ($50.00). For purposes of administering the provisions of this section, the fees provided herein shall be credited to the Memphis Animal Shelter in a specific line item account.

(b)     The owner shall immediately notify the appropriate animal control authority when an animal that has been classified as dangerous/vicious:

(1)     Is running at large or unconfined;

(2)     Has bitten a human being;

(3)     Is sold, given away, or dies;

(4)     Is moved to another address.

Prior to a dangerous/vicious animal being sold or given away, the owner shall provide the name, address and telephone number of the new owner to the animal control authority, any new owner residing in the City of Memphis must comply with all the requirements of this article and chapter.

(c)     It is unlawful for the owner of a dangerous/vicious animal to permit the animal to be outside a proper enclosure unless the animal is muzzled and restrained by a substantial chain or leash and under the control of a competent person. The muzzle shall be made in a manner that will not cause injury of the animal or interfere with it's vision or respiration, but shall prevent it from biting any person.

(Ord. No. 4954, § 1, 8-6-02)

Sec. 5-67. Duty of owner of dangerous/vicious dog or animal.

The owner of any dangerous/vicious animal shall keep the animal confined. As used in this article, the word "confined" shall mean:

(1)     Leash and muzzle. No person shall permit a dangerous/vicious animal to go outside its kennel or pen unless such animal is outfitted with a choke or pinch collar and securely leashed with a substantial chain or leash no longer than four (4) feet in length. No person shall permit a dangerous/vicious animal to be kept on rope or other type of leash outside of its kennel or pen unless a competent person at lease eighteen (18) years of age is in physical control of the leash. Such animal may not be leashed to inanimate objects, including, but not limited to, such as trees, posts, buildings, fences. In addition, all dangerous/vicious animals on a leash outside the animal's kennel must be muzzled by a muzzling devise sufficient to prevent such animal from biting persons or other animals. Such muzzle should not cause injury to the animal or interfere with its vision or breathing, but shall prevent it from biting any person.

(2)     Confinement outdoors. All dangerous/vicious animals shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leased and muzzled as provided above. Such pen, kennel or structure shall be at least twenty (20) feet from any street or sidewalk. Ten (10) feet from any property line and must have secure sides and a secure top to the sides. Such structures must be located with a key or combination lock when any animal is within the structure. Such structure must have a secure concrete bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures erected to house dangerous/vicious animals must be a minimum of six (6) feet by ten (10) feet enclosure and comply with all zoning and building regulations of the city. All such structures must be adequately ventilated and kept in a clean and sanitary condition at all times, and must be inspected and approved by the local health officer, or his designee.

(3)     Confinement indoors. No dangerous/vicious animal may be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building of its own volition. In addition, no such animal may be kept in a house or structure when any unbarred window is open or when any screened window or screen door is the only obstacle preventing the animal from exiting the structure.

(Ord. No. 4954, § 1, 8-6-02)

Sec. 5-68. Surrender of dog or animal.

Any owner of an animal which has been involved in a biting incident must surrender that animal to the animal control manager or his designee. Should the owner choose to relinquish ownership rights to the animal, he/she must sign a statement acknowledging that the animal may be destroyed and, if so, the remains submitted to the state laboratory for testing for the rabies virus. In addition, the owner will be required to pay boarding costs and other fees if the dog is kept at the shelter after being confiscated.

(Ord. No. 4954, § 1, 8-6-02)

Sec. 5-69. Unowned or abandoned dog or animal.

Any stray, unowned, or apparently abandoned animal that bites a human being will be held for ten (10) days. At the end of the ten-day holding period, the animal may be destroyed in an expeditious and humane manner. Any animal determined to have been involved in a bite incident, and held for less than ten (10) days shall be tested at the state laboratory for rabies.

(Ord. No. 4954, § 1, 8-6-02)

Sec. 5-70. Dogs or animals not declared dangerous/vicious.

When an animal attacks and/or bites strangers:

(1)     If an animal that has not been declared dangerous/vicious under this article aggressively attacks and causes severe injury to, or death of, any human being, the owner of the animal shall be cited for failing to properly control the animal and shall be subject to a fine of fifty dollars ($50.00).

(2)     In addition, the animal shall immediately be confiscated by the animal control authority and the provisions of this section relating to the classification of an animal as a dangerous/vicious animal shall be implemented.

(3)     This article and chapter does not apply to dogs or animals used by law enforcement officials for law enforcement work or purposes.

(4)     A dog or animal shall not be classified as dangerous/vicious if the threat, injury, or damage was sustained by a person, who at the time was tormenting, abusing, or assaulting the dog or its owner or handler, and it considered an isolated incident.

(Ord. No. 4954, § 1, 8-6-02)

Sec. 5-71. Exemptions.

Hunting dogs are exempt from the provisions of this article when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, retrieving trials, herding trials, or when engaged in any legal procedures, are exempt from the provisions of this article. However, such dogs at all other times in all other acts shall be subject to this article. The foregoing exemptions shall not apply unless all damages done by dogs or animals, therein exempted, to the person or property of another, shall be paid to that person or his agent within thirty (30) days after the damage is done.

(Ord. No. 4954, § 1, 8-6-02)

Sec. 5-72. Duties of animal control officer.

An animal control officer shall investigate incidents involving dogs and animals that may be dangerous/vicious. The animal control officer shall make an initial determination whether an animal is to be classified as dangerous/vicious and shall immediately provide written notification by registered or certified all to the owner, authorized handler, or person maintaining possession of the animal, that said animal has been preliminarily classified as dangerous/vicious, a dog shall not be classified as dangerous/vicious if the threat, injury or damage was sustained by a person, who, at the time, was unlawfully on the property, or while lawfully on the property was tormenting, abusing, or assaulting the animal or its owner or handler, the officer shall take possession of any dog or animal preliminarily determined to be dangerous/vicious and transport the animal to the animal shelter.

(Ord. No. 4954, § 1, 8-6-02)

Sec. 5-73. Violation and penalty.

Any person violating or permitting the violation of any provision of this chapter and article, shall upon conviction, be subject to a fine of not more than fifty dollars ($50.00) for each separate violation. Each day that any violation of this Code or any ordinance continues shall constitute a separate offense.

(Ord. No. 4954, § 1, 8-6-02)

Secs. 5-74, 5-75. Reserved.

ARTICLE IV. ENFORCEMENT

Sec. 5-76. Official to designate special officers.

The city animal shelter manager may designate, subject to approval of the director of public service, certain of his employees to become special officers of the municipality for the purpose of issuance of citations in lieu of arrest of offenders in cases where they have jurisdiction. (Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-55)

Cross references: Police powers of shelter employees, § 5-28; resisting or interfering with animal shelter employee, § 5-29; police, Ch. 28.

Sec. 5-77. When citations deemed lawful complaints for prosecution.

When an employee is designated as a seal officer pursuant to section 5-76, he is authorized to issue citations in lieu of arrest. Such citation will include information sworn to as required by the laws of the state, with respect to the alleged offense. In the absence of state requirements, the alleged offender must be given information relating to where he may pay his fine, where he may go to set a court date in the event that data has not been set at the time of issuance, to have his case judicially reviewed, in addition to information as to the offense with which he has been charged. (Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-56)

Sec. 5-78. Procedures applicable to summonses and animal citations.

The following shall apply as to animal and fowl summonses and citations:

(1)     Citations. Whenever any citation has been issued pursuant to this chapter, the citation shall provide for payment within fifteen (15) days from issuance. Any person receiving such citation may appear and pay the forfeiture set herein at the city court clerk's office on or before the end of the fifteen-day period. If no one appears to pay the citation by the end of such fifteen (15) days, a summons shall be issued as provided for in this chapter, and served either by personal service or certified or registered mail as provided by law indicating the date and time for such person to appear to answer the charge in such citation. The summons shall be set upon the docket specially established for such summons by the city court judge. If such person fails to appear to answer summons before the court indicated and at the date and time provided for, the court, upon motion of the city, shall take a default judgment against the defendant in favor of the city. The amount of such default judgment shall be at least the amount of the forfeiture set for violation of such section and no more than fifty dollars ($50.00) and cost for each violation. The summons shall be sworn to by the officer before a person designated as a city court clerk for the purpose of taking oaths approved by a majority of the city court judges. If the defendant contests the ownership of the animal or the violation of the chapter, he shall file a sworn pleading in advance of the hearing setting forth such defense or defenses so as to allow the city sufficient time to prepare for the trail.

(2)     Summons. Every summons issued shall provide for an appearance date and such date shall be not less than five (5) nor more than fifteen (15) days after the issuance of a summons. The offender shall pay by mail or shall appear at the city court clerk's office on the date set therein or at any time prior thereto and pay the forfeiture as set forth therein, or may request a trail on the date set therein. If any offender fails to appear on or before the appearance date, a docket shall be prepared, as soon as possible of all those persons failing to appear, to be called the default docket. The docket shall be presented to the court and the court shall, upon motion of the clerk, take a default judgment against the defendant in favor of the city in an amount not less than that specified by the schedule of forfeitures nor more than fifty dollars ($50.00), plus costs, for each offense. The default docket shall he assigned in accordance with procedures established by the court rules.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-57)

Sec. 5-79. Animal violation forfeiture schedule.

(a)     The city court clerk's office is hereby authorized to collect the following scheduled forfeitures:

TABLE INSET:

Section Violation  

Nature of Violation

Forfeiture  

5-6  

Cruelty to animal  

$50.00  

5-57  

Failure to vaccinate a dog or cat for rabies  

50.00  

5-60  

Dog running at large  

50.00  

(b)     The established forfeitures as provided herein may be paid at the city court clerk's office at any time prior to the court date appearing upon any citation. Such payments at the city court clerk's office may be made in person or by mail, or as otherwise provided by law.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-58; Ord. No. 3471, § 1, 7-2-85; Ord. No. 3973, § 1, 6-26-99)

Cross references: Running at large of dogs, redemption from impoundment fee, penalties, § 5-1.

Sec. 5-80. Limitation on action for violations; when action deemed commenced; service of summons.

(a)     No action shall he commenced by the city in any court for the purpose of enforcing any violation of animal violation sections of the Code of the city after one year from the commission of the offense. For the purpose of this section a court action shall he deemed to he commenced:

(1)     Upon the issuance of a citation to the offender; or

(2)     Upon the arrest of the offender; or

(3)     Upon the issuance of an arrest or bench warrant for the offender; or

(4)     Upon the issuance of a summons to the offender.

(b)     A summons may be served by:

(1)     Personal service on the offender; or

(2)     Registered or certified mail, addressee only, return receipt requested.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-59)

Sec. 5-81. Dismissal or entering a nolle prosequi of citation/summonses not prohibited.

Nothing herein shall prevent the city through the city attorney's office from dismissing or entering a nolle prosequi of any citation or summons in open court. Such summons or citation shall be dismissed if it shall be determined that the citation was issued to a nonresident and is deemed uncollectible; there is a lack of proof; or for such other valid reason as stated to the court.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-61)

Sec. 5-82. Aid and assistance.

It shall be the duty of all police officers to render any assistance necessary.

(Ord. No. 3189, § 1, 3-9-82; Code 1967, § 7-61)